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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 11, 2018, the Defendant held alcohol at the C cafeteria located in Daegu Suwon-gu B, Daegu-gu, about 00:00, and held the victim with the mind to commit an indecent act against the victim D (the age of 48). The Defendant was indecent act by force on the victim’s chest and fluor with his hand.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A complaint filed in D;
1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);
1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Social service businesses under Article 62-2 of the Criminal Act;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant has no record of criminal punishment for sexual crimes before committing the instant crime, and there is no record of criminal punishment for sexual crimes before committing the instant crime, and the Defendant is expected to have an effect to prevent recidivism even by taking lectures in the registration of personal information
I seem to appear.
In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.
The reason for sentencing [the scope of recommended punishment] There is no basic area (6 months to 2 years) (the person subject to special sentencing) (the person subject to special sentencing) in the basic area (6 months to 2 years) under the category 1 (the person subject to 13 years or more). - Indecent act against the victim under the influence of alcohol and the degree of conduct in the manner of prosecution is not less exceptionally.
- did not receive any note from the injured person.
- The defendant was aware of and against the crime of this case.
- The records that the defendant was punished or sentenced to a fine for the same type of crime.